Mourcos, Ashraf Fekry Zaki (CPSO#: 76018)

Current Status: Active Member as of 15 Jul 2018

CPSO Registration Class: Restricted as of 15 Jan 2018

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:Ain Shams University, 1989

Practice Information

Primary Location of Practice
Westheights Medical Clinic
203 - 10 Westheights Dr
Kitchener ON  N2N 2A8
Phone: (519) 954-7742
Fax: (519) 954-7743
Electoral District: 03
View Professional Corporation Information

Professional Corporation Information

Corporation Name: Dr. A. Mourcos Medicine Professional Corporation

Certificate of Authorization Status: Issued Date:  Feb 04 2004

Shareholders:
Dr. A. Mourcos ( CPSO# 76018 )

Business Address:
203 - 10 Westheights Drive
Kitchener ON  N2N 2A8
Phone Number: (519) 578-5555

Business Address:
60 Westheights Drive
Kitchener ON  N2N 2A8
Phone Number: (519) 576-3320

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 28 May 2001
Transfer of class of certificate to: Restricted certificate Effective: 15 Jan 2018
Terms and conditions imposed on certificate by Discipline Committee Effective: 15 Jan 2018
Transfer of class of certificate to: Restricted certificate Effective: 15 Jan 2018
Terms and conditions imposed on certificate by Discipline Committee Effective: 15 Jan 2018
Suspension of registration removed Effective: 15 Jul 2018

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
Discipline Committee Effective: 15 Jan 2018 Active View Details [+]
            As from 12:30 p.m., January 15, 2018, by order of the Discipline Committee of
            the College of Physicians and Surgeons of Ontario, the following term,
            condition and limitation is imposed on the certificate of registration held by
            Dr. Ashraf Fekry Zaki Mourcos:

                  (i)   Dr. Mourcos shall be subject to workplace monitoring in all
                        practice locations by a regulated health professional, approved by
                        the College, who executes an undertaking with the College in the
                        form attached as Appendix "A" (Office Practice) or "B" (Other
                        Practice Locations) (the "Practice Monitor").  Monitoring shall
                        continue for a minimum period of two years in each of Dr. Mourcos'
                        practice locations and shall continue, in the College's sole
                        discretion, if reports are unsatisfactory; 
                  
                  (ii)  The Practice Monitor(s) shall be required to, among other things: 
                        i.    provide written reports to the College on a quarterly basis.
                              Such reports are to include information regarding Dr.
                              Mourcos' conduct, behavior, and professionalism including
                              information provided to the Practice Monitor by nurses,
                              medical staff and/or any other staff working directly or
                              indirectly with Dr. Mourcos; and
                        ii.   provide immediate reporting to the College if the Practice
                              Monitor has any concerns about Dr. Mourcos' conduct, behavior
                              or professionalism, concerns that people or patients in the
                              workplace may be at risk of harm, or concerns that Dr.
                              Mourcos is not in compliance with the panel's Order;
                  
                  (iii) Dr. Mourcos shall provide an executed Appendix "A" and "B" from a
                        College approved Practice Monitor no later than thirty (30) days
                        before he resumes practice following his suspension.  If the person
                        who has given an undertaking in the form of Appendix "A" or "B" is
                        unable or unwilling to continue to fulfill its terms, or the
                        College determines the Practice Monitor is no longer acceptable,
                        Dr. Mourcos shall, within twenty (20) days of receiving notice of
                        same, obtain an executed undertaking in the same form from a
                        similarly qualified person who is acceptable to the College and
                        ensure that it is delivered to the College within that time.  If
                        Dr. Mourcos is unable to obtain a Practice Monitor on the terms set
                        out in this Order, he shall cease practicing medicine until such
                        time as he has obtained a Practice Monitor acceptable to the
                        College on the terms set out above;
                  
                  (iv)  Dr. Mourcos shall provide written notice to the College at least
                        thirty (30) days before seeking privileges, employment or any other
                        position, at any hospital, independent health facility,
                        out-of-hospital premise, facility, or any other location.  Dr.
                        Mourcos shall inform the College within ten (10) days of the date
                        he receives notice that he has been granted such privileges,
                        employment or position.  Dr. Mourcos shall ensure that he has
                        obtained an undertaking in the form of Appendix "B" from a
                        College-approved regulated health professional who works at that
                        location and shall provide same to the College before commencing
                        work at such location;
                  
                  (v)   Dr. Mourcos shall ensure that all individuals who work in his
                        office, whether employed by him or not, review this Order and the
                        Statement of Uncontested Facts by no later than January 30, 2018
                        and review the Decision and Reasons of the Discipline Committee
                        within 15 days of its release.
                  
                  (vi)  Dr. Mourcos shall ensure that any new individual hired to work in
                        his office shall review this Order, the Statement of Uncontested
                        Facts and the Decision and Reasons of the Discipline Committee
                        prior to commencing work at Dr. Mourcos' office. 
                  
                  (vii) Dr. Mourcos shall be responsible for any and all costs associated
                        with implementing the terms of this Order.

Previous Hearings

Committee: Discipline
Decision Date: 15 Jan 2018
Summary:

On January 15, 2018, the Discipline Committee found that Dr. Dr. Ashraf Fekry Zaki Mourcos 
committed an act of professional misconduct in that he has engaged in conduct or an act or 
omission relevant to the practice of medicine that, having regard to all the circumstances, would 
reasonably be regarded by members as disgraceful, dishonourable or unprofessional.  
 
Dr.Mourcos is a family physician who received his certificate of registration authorizing 
independent practice in Ontario in 2001. At the relevant time, Dr. Mourcos practised family 
medicine in his clinic in Kitchener.  
 
Disgraceful Dishonourable or Unprofessional Conduct regarding Ms A 
 
In or around March 2013, Ms A commenced employment for Dr. Mourcos as medical 
receptionist. She was in her early thirties at the time. She is married. Her job involved answering 
telephones, filing, booking appointments, collecting urine samples and taking patients to 
examination rooms. 
 
In June 2013, after the last patient for the day had left, Ms A and Dr. Mourcos were alone in the 
office and engaged in conversation. It had been a very busy day, with several patient 
appointments, and Ms A commented that it had been a rough day. Dr. Mourcos responded that 
she looked tense. She said “Yeah” and was rubbing her neck and shoulders due to upper back 
pain. Dr. Mourcos offered to give her a massage. He had offered massages on earlier occasions, 
and had massaged the back of her neck while she sat at her desk working. On those occasions, 
Ms A agreed to the massage and when she asked Dr. Mourcos to stop, he stopped. On that day, 
Ms A declined Dr. Mourcos’ offer and told him she did not need a massage. When Dr. Mourcos 
persisted, telling her that this would be a good practice for him as he was taking classes in 
massage therapy, Ms A gave in and agreed to the massage.  
 
After rubbing her shoulders while standing behind her at her desk for about a minute, Dr. 
Morcous told Ms A he could not massage her in the reception area and asked her to go into an 
examination room. When Ms A went into the examination room and sat on a stool, Dr. Mourcos 
went into his office briefly and, unbeknownst to Ms A at the time, locked the main entrance to 
the office. Dr. Mourcos then entered the examination room and told Ms A that he could give her 
a better massage if she lay down on the examination table. Ms A lay on the examination table 
face down and Dr. Mourcos commenced massaging her back over top of her shirt. She was 
wearing scrubs at the time. Dr. Mourcos then inserted his hands underneath her shirt. Ms A did 
not object to this touching as she felt it was like a regular massage. Dr. Mourcos began touching 
her lower back and moving his hands down her back towards the waistband of her pants. Ms A 
felt Dr. Mourcos slip his hand underneath the waistband of her pants and move his hand towards 
her right hip. He asked if he could massage under her pants and she said “no”. Dr. Mourcos then 
moved his hand upwards and continued to massage Ms A’s back under her shirt for about a 
minute. He then moved his hands towards Ms A’s mid-back and unclasped her bra, while Ms A 
did not realize it. Without warning or consent, Dr. Mourcos moved his right hand toward her 
right breast, placing his fingers on the side and upper part of her right breast for a couple of 
seconds. Ms A sat up quickly, and ended the massage. At that point, Ms A realized that her bra 
was undone. She struggled to do it up. Dr. Mourcos stood at the doorway, and told her 
everything was “okay”. When Dr. Mourcos asked if he could help her with her bra, Ms. A was in 
shock and did not respond. Dr. Mourcos inserted his hands under her shirt, and helped her do up 
her bra. As she moved towards the door to leave the exam room, Dr. Mourcos stood at the 
doorway and repeated “it’s okay”. He asked Ms A to kiss him. Ms A said no. He leaned in to 
kiss her, but Ms A turned her head and he ended up kissing her on the cheek. He stepped back 
from the door so she could leave. 
 
Ms A left the examining room and returned to her desk in the reception area. Shortly thereafter, 
Dr. Mourcos engaged her in conversation in the reception area asking her about her marriage and 
whether she had engaged in sexual relations with other people. The conversation ended when the 
phone rang and Ms A attended to the call. At that time, Dr. Mourcos returned to his office. He 
then unlocked the main door to the office. Ms A finished her duties for the day and left the 
office. She was upset about what had occurred. She told her mother what happened and then 
contacted police that evening. She did not return to work.  
 
Disposition 
 
The Discipline Committee ordered that: 
 
- the Registrar suspend Dr. Mourcos’ certificate of registration for a period of six (6) months, to 
  commence immediately.  
- the Registrar impose the following terms, conditions and limitations on Dr. Mourcos’ 
  certificate of registration: 
   - Dr. Mourcos shall be subject to workplace monitoring in all practice locations by a 
    regulated health professional, approved by the College, who executes an undertaking with 
    the College in the form attached as Appendix “A” (Office Practice) or “B” (Other Practice 
    Locations) (the “Practice Monitor”).  Monitoring shall continue for a minimum period of 
    two years in each of Dr. Mourcos’ practice locations and shall continue, in the College’s 
    sole discretion, if reports are unsatisfactory;  
   - The Practice Monitor(s) shall be required to, among other things:  
     -  provide written reports to the College on a quarterly basis. Such reports are to include 
        information regarding Dr. Mourcos’ conduct, behavior, and professionalism including 
        information provided to the Practice Monitor by nurses, medical staff and/or any other 
        staff working directly or indirectly with Dr. Mourcos; and 
     -  provide immediate reporting to the College if the Practice Monitor has any concerns 
        about Dr. Mourcos’ conduct, behavior or professionalism, concerns that people or 
        patients in the workplace may be at risk of harm, or concerns that Dr. Mourcos is not 
        in compliance with the panel’s Order; 
   -  Dr. Mourcos shall provide an executed Appendix “A” and “B” from a College approved 
      Practice Monitor no later than thirty (30) days before he resumes practice following his 
      suspension. If the person who has given an undertaking in the form of Appendix “A” or 
      “B” is unable or unwilling to continue to fulfill its terms, or the College determines the 
      Practice Monitor is no longer acceptable, Dr. Mourcos shall, within twenty (20) days of 
      receiving notice of same, obtain an executed undertaking in the same form from a 
      similarly qualified person who is acceptable to the College and ensure that it is delivered 
      to the College within that time. If Dr. Mourcos is unable to obtain a Practice Monitor on 
      the terms set out in this Order, he shall cease practising medicine until such time as he 
      has obtained a Practice Monitor acceptable to the College on the terms set out above; 
   -  Dr. Mourcos shall provide written notice to the College at least thirty (30) days before 
      seeking privileges, employment or any other position, at any hospital, independent health 
      facility, out-of-hospital premise, facility, or any other location. Dr. Mourcos shall inform 
      the College within ten (10) days of the date he receives notice that he has been granted 
      such privileges, employment or position. Dr. Mourcos shall ensure that he has obtained 
      an undertaking in the form of Appendix “B” from a College-approved regulated health 
      professional who works at that location and shall provide same to the College before 
      commencing work at such location; 
   -  Dr. Mourcos shall ensure that all individuals who work in his office, whether employed 
      by him or not, review this Order and the Statement of Uncontested Facts by no later than 
      January 30, 2018 and review the Decision and Reasons of the Discipline Committee 
      within 15 days of its release. 
   -  Dr. Mourcos shall ensure that any new individual hired to work in his office shall review 
      this Order, the Statement of Uncontested Facts and the Decision and Reasons of the 
      Discipline Committee prior to commencing work at Dr. Mourcos’ office.  
   -  Dr. Mourcos shall be responsible for any and all costs associated with implementing the 
      terms of this Order. 
- Dr.  Mourcos attend before the panel to be reprimanded. 
- Dr. Mourcos pay the College costs in the amount of $5,500 within thirty (30) days from the 
  date of this Order.

Decision: Download Full Decision (PDF)
Hearing Date(s): Jan 15, 2018